“In doing a good thing, everything is permitted which is not prohibited expressly or by clear implication”. Examine the statement with suitable examples in the context of a public servant discharging his/her duties.

Ethics
Ethics: Theory
2018
10 Marks

The statement presents a consequentialist view of public service, suggesting that achieving a positive outcome can justify actions not explicitly forbidden. However, this raises crucial ethical dilemmas regarding the boundaries of permissible action and the potential for unintended consequences.

Doing Good: A Complex Terrain

Defining "good" is subjective and context-dependent. For public servants, it entails upholding constitutional values, promoting public welfare, and acting in the public interest. This aligns with Gandhi's concept of Sarvodaya, emphasizing the well-being of all. However, a narrow focus on outcomes can disregard procedural justice and individual rights.

  • Public trust and legitimacy: Actions perceived as circumventing established norms, even for laudable goals, can erode public trust.
    • Example: A district magistrate unilaterally diverting funds meant for school infrastructure to drought relief, despite the urgent need, can raise concerns about procedural propriety.
  • Accountability and transparency: Lack of clear guidelines can create ambiguity and hinder accountability.
    • Example: The arbitrary allocation of resources without transparent criteria can lead to favoritism and corruption, as highlighted in the 2G spectrum allocation case.
  • Conflicts of interest: Pursuing a "good" outcome might create conflicts of interest, compromising impartiality.
    • Example: A public servant overlooking building code violations by a relative, intending to promote economic development, creates a conflict between personal and public interests.

Navigating Ethical Boundaries

While achieving positive outcomes is crucial, it cannot override ethical considerations. Kant's categorical imperative emphasizes the importance of universalizable moral principles. Public servants must adhere to established rules and procedures, ensuring fairness and impartiality.

  • Rule of law: Disregarding established norms can lead to arbitrary decision-making and undermine the rule of law.
    • Example: A police officer using extrajudicial methods to apprehend a criminal, even if effective, violates due process rights and sets a dangerous precedent.
  • Integrity and impartiality: Public servants must act with integrity, avoiding even the appearance of impropriety.
    • Example: Accepting gifts from beneficiaries, even if intended as gratitude, can compromise impartiality and create perceptions of bias, as exemplified in the Justice Dinakaran case.
  • Potential for abuse: The absence of clear prohibitions can be exploited for personal gain or to advance partisan agendas.
    • Example: Using discretionary powers to favor specific communities or individuals, even with the intention of promoting social justice, can lead to discrimination and injustice.

In conclusion, public servants must balance the pursuit of "good" with adherence to ethical principles and established procedures. A robust framework of rules, coupled with a strong ethical compass, is essential for responsible and effective governance, reflecting the Indian Constitution's emphasis on justice, liberty, equality, and fraternity. This ensures that good intentions translate into just and equitable outcomes.

Answer Length

Model answers may exceed the word limit for better clarity and depth. Use them as a guide, but always frame your final answer within the exam’s prescribed limit.

In just 60 sec

Evaluate your handwritten answer

  • Get detailed feedback
  • Model Answer after evaluation
Evaluate Now

Crack UPSC with your
Personal AI Mentor

An AI-powered ecosystem to learn, practice, and evaluate with discipline

Start Now
SuperKalam is your personal mentor for UPSC preparation, guiding you at every step of the exam journey.
Follow us

ⓒ Snapstack Technologies Private Limited